Law:

Section:

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 6, 7, 8, 9(c), 14, 15 & 29---Penal Code (XLV of 1860), Ss.380, 381, 406, 408 & 409---Criminal Procedure Code (V of 1898), S.403---Qanun-e-Shahadat (10 of 1984), Art.19---Constitution of Pakistan, Art.13(a)---Possessing and trafficking of narcotics---Theft in dwelling house, theft by clerk or servant, criminal breach of trust, criminal breach of trust by clerk or servant, public servant---Double jeopardy---Appreciation of evidence---Case against accused was bifurcated in three parts, on direction of Trial Court, and challan was submitted in three counts respectively---Case under Ss.380 & 381, P.P.C. was challaned and submitted in the court of Judicial Magistrate at place 'S', while offence under Ss.406, 408 & 409, P.P.C. in court of Special Judge Anti-Corruption at place 'L' and for offence under Ss.9(c), 14 & 15 of Control of Narcotic Substances Act, 1997 in the court of Special Judge (Control of Narcotic Substances) at place 'S'---Accused, had been finally acquitted in first two challan cases regarding theft and misappropriation of charas lying in the Record Room of a court---Section 9(c) of Control of Narcotic Substances Act, 1997, which was punitive clause, would come into play only when contravention of Ss.6, 7 & 8 of the Act, was made by accused---Person who was found in possession of narcotic, or was indulged in import and export of narcotic, or was found involved in trafficking of narcotic, could be convicted and sentenced under S.9(c) of Control of Narcotic Substances Act, 1997---Present case of the prosecution was not that accused was found importing or exporting the contraband narcotics in any manner---Contraband charas, was allegedly kept in "Malkhana" of which accused being Police Official was incharge of charas in question, which was allegedly misappropriated for monetary gains---Accused had been acquitted of the charges of misappropriation and theft by both the Trial Courts respectively---Prosecution having failed to prove the primary charges of the theft and misappropriation case of prosecution could not succeed on the same set of evidence in view of Art. 19…

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